All Articles: Expert evidence

Expert reports are common in asylum and human rights cases. They usually address either the conditions in the applicant’s country of origin or their physical or mental health. The duties of an expert witness giving evidence in court are well established. Specific guidance for experts providing reports for cases in...

28th April 2022
BY Iain Halliday

The Court of Appeal has ruled that an immigration tribunal is not obliged to accept the conclusions of an expert witness. The case of MS (Zimbabwe) v Secretary of State for the Home Department [2021] EWCA Civ 941 confirms that a tribunal is required to reach its own conclusions. In...

29th June 2021
BY Bilaal Shabbir

The Court of Appeal has handed down a major judgment on the correct approach to assessing whether a person is a victim of trafficking: MN v Secretary of State for the Home Department [2020] EWCA Civ 1746. Although this was the central question in the case and huge resources were...

4th January 2021
BY Colin Yeo

In Ali v Home Office EW Misc 27 (CC) [2020], the County Court robustly dismissed a false imprisonment claim brought by an Afghan refugee who was detained for 98 days under the Detained Fast Track process in 2015. County Court cases are rarely reported and so one might expect something...

3rd December 2020
BY Larry Lock

In HK, HH, SK and FK v Secretary of State for the Home Department [2017] EWCA Civ 1871 the Court of Appeal found that asylum seekers could be returned to Bulgaria under the Dublin III Regulation. Removal would not violate the appellants’ Article 3 rights, despite medical reports on their...

1st December 2017
BY Clare Duffy

“The Tribunal’s conclusion was… that [in order to fabricate an asylum claim] the appellant had allowed himself to be anaesthetised and then branded with a hot metal rod” – Elias LJ, KV (Sri Lanka) In this area of law, it is sometimes hard to live with the reality of what...

15th March 2017
BY nicknason

In a new case on dental age assessments, the tribunal has ordered that a young asylum seeker to undergo a dental x-ray and age assessment. If he refuses, his court case will be struck out. The case also gives general guidance on the correct approach to be followed in similar...

20th December 2016
BY Colin Yeo

The Independent reported at the end of last week that an “expert” linguist at controversial commercial linguistic analysis company SPRAKAB has lied about his qualifications and has a criminal conviction for smuggling drugs. It is rather questionable whether the “expert” testimony of such a person should be regarded as inherently...

17th November 2014
BY Colin Yeo
Or become a member of Free Movement today
Verified by MonsterInsights